A hearing into whether or not drug evidence will be admissible at the trial of a former Whitehorse jail guard is set to continue next week.

Michael Gaber, 46, is charged with possessing marijuana and the stimulant methylphenidate for the purpose of trafficking.

He was arrested on Dec. 26, 2013, after he showed up for a shift at the Whitehorse Correctional Centre.

Gaber has pleaded not guilty to the charges and has not yet stood trial.

Last week, Gaber’s lawyer, David Tarnow, filed an application under the Canadian Charter of Rights and Freedoms, alleging that the way jail officials seized evidence that day violated his human rights.

He alleges his client was unlawfully searched, detained and not told he had a right to a lawyer.

Throughout this week, Yukon Supreme Court Justice Ron Veale heard from three jail managers who testified about the pills Gaber pulled out of his pocket and the marijuana found in his car.

During a brief proceeding this morning, Tarnow and Crown prosecutor Ludovic Gouaillier submitted some facts they’d agreed upon:

• jail managers called RCMP at 3 p.m. that day, after the drugs were found;

• RCMP arrested Gaber and read him his rights;

• Gaber said he wanted to talk to a lawyer; and

• RCMP seized from Gaber 59 pills of methylphenidate, or Ritalin, and 120 grams of marijuana.

Tarnow is seeking that evidence be deemed inadmissible at trial because of how it was obtained.

The hearing will continue next Wednesday with closing submissions from Crown and defence.